Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.
In Utah, the compensation of an executor of a will, also known as a personal representative, is governed by the Utah Uniform Probate Code. While the testator can specify the compensation for the executor in the will, if the will does not mention compensation or the executor is appointed without a will, Utah law provides guidance. According to Utah Code Section 75-3-719, a personal representative is entitled to reasonable compensation for their services. Utah does not have a statutory formula for determining what is 'reasonable,' and instead, the compensation is often determined by what is customary in the community for similar services, the size and complexity of the estate, the time and effort expended by the executor, and other factors. If the parties involved cannot agree on what is reasonable, the court may be asked to determine the executor's compensation. It is also worth noting that the executor's compensation is subject to court review and must be reported to the court as part of the estate administration process.